We've not had a safety issue yet. I am writing to ensure that we are following safety guidelines and for advice on how to ensure that employees follow the safety guidelines.

We issue safety equipment (safety glasses and hardhats) to our employees who perform work that requires this protection; example drilling, hammering and electrical wiring.

We have a paragraph in our employee handbook (not sure of exact wording as I am writing this from memory) that states that all employees are required to use safety equipment (this includes seat belts) in the performance of their job.

We perform work in our facility as well as in customer facilities. Some of our customers post signs stating that safety glasses are required.

We want our employees to work safely. A blind employee cannot perform his or her job duties in our line of work.

As an employer, we want our employees to know that if they are injured on the job their medical bills and lost time are covered by workers comp. We want to minimize injuries and lost time by enforcing safety practices. We understand, accept and even appreciate that even if the employee does not follow safety guidlines, workers compensation will take care of their medical bills and lost time.

Over the past twenty-five years we've had three work related injuries. In one instance the employee was involved in an automobile accident which resulted in the loss of the employee's spleen due to impact with the steering wheel. The employee was not wearing a seat belt. Workers compensation covered the employee's injuries and lost time.

I currently have one employee who frequently forgets :confused: to wear safety glasses when drilling holes or working on electrical panels. This person is dependable and does quality work. I do not want to have to let this employee go.

I have provided several verbal and one written request for wearing safety glasses during the performance of the employee's duties. The employee will wear safety glasses if the employee knows that I am on the job site. However, if I show up un-announced, I can usually find the employee working without safety glasses.

Am I required to terminate the employee for not using safety equipment?

If the employee receives an accidental eye injury on the job and is not wearing safety glasses in a situation where the employee should have been wearing safety glasses, assuming that the injury is not due to negligence on the part of the employer, is the employer responsible for compensation above and beyond workers compensation?

Is the fact that the employee is not wearing safety glasses considered negligence on the part of the employer?

Some of our employees bring safety equipment from previous employers. :eek: Is it OK for an employee to provide their own hardhat and non-prescription safety glasses?

I currently have one employee who frequently forgets :confused: to wear safety glasses when drilling holes or working on electrical panels. This person is dependable and does quality work. I do not want to have to let this employee go.

Rethink your definitions of "dependable" and "quality." The next time he "forgets," send him home for the day, without pay. He obviously is challenging you and does not really think you will fire him. The one day suspension may get his attention.

Am I required to terminate the employee for not using safety equipment?

No, no one but you can make this decision, but, aside from the WC exposure, there is also the consideration of the fine OSHA could hit you with.

If the employee receives an accidental eye injury on the job and is not wearing safety glasses in a situation where the employee should have been wearing safety glasses, assuming that the injury is not due to negligence on the part of the employer, is the employer responsible for compensation above and beyond workers compensation?

No, Workers Comp is the exclusive remedy for work place injuries.

Is the fact that the employee is not wearing safety glasses considered negligence on the part of the employer?

For Workers Comp purposes, negligence is not an issue. OSHA won't blame employees for not wearing the required PPE, they figure (correctly) that it is the responsibilty of the employer to enforce work place safety rules, even if that means hiring a dedicated safety person who does nothing but watch for safety violations and take corrective action.

Some of our employees bring safety equipment from previous employers. :eek: Is it OK for an employee to provide their own hardhat and non-prescription safety glasses?

If the items they bring meet standards, it is okay.

I currently have one employee who frequently forgets to wear safety glasses when drilling holes or working on electrical panels. This person is dependable and does quality work. I do not want to have to let this employee go.

Scott is spot on here with his advice. I just want to add that if there isn't any consequence for not following safety rules, there is also no incentive to comply. If the worst that will happen is you will tell them to put them back on if they are caught without them, there is no reason for them to do so. It doesn't mean you have the fire the next employee who fails to follow the rules but I would do more than give a verbal warning. I like Scott's idea of sending them home without pay. It sends a very clear message that you will not permit them to work in an unsafe manner.

I wouldn't be so sure WC will cover it either. In some cases, if the employer has a strong record of safety rule enforcement and the employee disregards it and that is what causes the accident, it may not be. Injuries like a severe auto accident where lack of safety equipment was just a contributing factor are usually still covered. But, if safety glasses are required, consistently enforced, and the employee chooses not to use them, and gets something in their eye, it may not be.

I would be on the front line managers to be enforcing these rules. It shouldn't be you alone correcting the situation when you stumble upon it. Hold the managers accountable and I guarantee the employees will start complying.